Background

A petition filed March 27 alleges that certain monomers and oligomers from Korea and Taiwan are being sold at less than fair value in the U.S. and that such goods from Taiwan are benefiting from countervailable subsidies. The alleged average dumping margins are 137.92 percent for Korea and 92.15 to 246.14 percent for Taiwan.

The products subject to this petition are certain multifunctional acrylate and methacrylate monomers, and acrylated bisphenol-A epoxy-based oligomers, that are derived from chemical reactions involving the use of acrylic or methacrylic acid. The monomers are generally known as multifunctional acrylates or multifunctional methacrylates depending on whether the functional groups are acrylate or methacrylate. The oligomers are commonly referred to as epoxy acrylate or acrylated epoxy. These products contain chemical properties that make downstream products (e.g., inks, coatings, and overprint varnishes) highly durable and scratch- and chemical-resistant after curing.

The petition covers subject goods that have been processed in a third country, including by commingling, diluting, introducing, or removing ingredients, or performing any other processing that would not otherwise remove the goods from the scope if performed in the subject country.

Imports of subject goods are classified under HTSUS 2916.12.5050, 2916.14.2050, 3824.99.2900, 3907.29.0000 and 3907.30.0000 and may also be entered under HTSUS 2916.12.1000, 3824.99.9397, 3909.50.5000, and 3909.99.5050.

Specifically excluded from the scope of the petition are (1) downstream products such as inks, coatings, and overprint varnishes and (2) products covered by the scope of the AD and CV duty orders on epoxy resins from Korea and Taiwan.

The Department of Commerce and the International Trade Commission will consider this petition and launch investigations determining dumping and subsidy margins and injury to the U.S. domestic industry, respectively. There are strict statutory deadlines associated with these proceedings, so affected companies that wish to protect their interests and mitigate duty liability on imports of these products should contact Sandler, Travis & Rosenberg as soon as possible.

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